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toyml99
recently joined

Reged: 12/28/09
Posts: 2

I've been evicted!

#615170 - 12/28/09 04:49 PM

my husband abandoned me and my children 13 years ago and now has filed for divorce. I have lived in, paid taxes on, did upkeep on, and paid off this house. When we were married I adopted his three year old son and his parents built us a house so this child would always have a place to live. Now my husband came into some money and is divorcing me and I have been evicted from my house the judge will not allow any of my canceled checks for taxes or payments on this house. I was told to think of that money spent as rent. I am owed nothing and I have to move out since he stated this house was a gift from his parents. I have had my daycare in this home for 24 years. Do I have any hope left? I should mention the house is ONLY in his name but my name is on the taxes and insurace and all bills are and have been in my name!

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jaiye
old hand

Reged: 10/27/05
Posts: 860

Re: I've been evicted!

[Re: toyml99]
#615187 - 12/28/09 07:43 PM

Find a really good attorney.

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finz
Carpal \'Tunnel

Reged: 06/17/08
Posts: 6495

Re: I've been evicted!

[Re: jaiye]
#615555 - 12/30/09 01:51 AM

You will need a good attorney.

Your business records and cancelled checks should be able to prove that the former gift was comingled and now considered marital property. If there was a mortgage on the house that you paid off, clearly the whole house was never a gift.

Did he leave his child (that you adopted) with you also or just your biological kids ?

Not to trample a dead horse, but why didn't you file for divorce and CS when he took off ?

Where are you and the kids living now ?

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toyml99
recently joined

Reged: 12/28/09
Posts: 2

Re: I've been evicted!

[Re: finz]
#616124 - 12/30/09 07:15 PM

The kids are grown. I should have divorced him a long time ago I know that. He left his biological kid too but he was an adult!

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finz
Carpal \'Tunnel

Reged: 06/17/08
Posts: 6495

Re: I've been evicted!

[Re: toyml99]
#617077 - 01/02/10 11:04 PM

All of us here on DS have made some form of dumb choices to land ourselves on a divorce forum.......now it's all about trying to find a better path.

Now that the holidays are over with, I hope that you are able to find a good attorney to help you fight for what you are entiltled to. I think the house is a marital asset and should be divided according to the laws of your state. I believe a sympathetitc judge and a good attorney could find that you are entitled to a larger share than your stbx......as you have been paying for the house/upkeep/etc for years without any contributions from him and he now has a financial cushion that you do not, so you are more 'needy'

Best of luck to you with this.

Have you been able to find another place to live and conduct the day care business from? If you lost your business because of this, I would most definitely be filing for temporary spousal support.

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